When separating or finalising a property or parenting arrangement, many people are surprised to learn that you do not need to attend court to make it official. If you and your former partner have reached an agreement, applying for family law consent orders without going to court is a straightforward, cost-effective way to protect your rights and bring closure.
This guide walks you through the entire process of getting family law consent orders in Australia, without stepping foot in a courtroom.
What Are Family Law Consent Orders?
A consent order is a legally binding agreement approved by the Family Court. It can cover parenting arrangements, property settlements, or spousal maintenance.
Unlike court orders made after a hearing, a consent order reflects an agreement reached voluntarily between both parties. Once approved, it has the same legal weight as a court-imposed order and can be enforced if one party fails to comply.
Who Can Apply for a Consent Order?
Consent orders can be made between:
- Married couples who are separated or divorced
- De facto couples (including same-sex couples) who have separated
If your matter involves property, you must apply within 12 months of divorce or within 2 years of the end of a de facto relationship. Parenting arrangements can be formalised at any time after separation.
Working with a family lawyer to prepare and apply for a Consent Order ensures your agreement is legally sound, meets the requirements of the Family Law Act, and protects your future.
Benefits of Getting a Consent Order Without Going to Court
- Legally binding: A consent order has the same effect as an order made by a judge.
- No need to attend court: Everything is handled by paperwork. The Court reviews your documents and decides whether to approve your application.
- Saves time and money: Avoiding court means avoiding legal fees, hearing delays, and the emotional toll of litigation.
- Peace of mind: Your agreement is finalised, enforceable, and future disputes are less likely.
- Supports amicable outcomes: If you and your ex-partner are on the same page, this process protects that goodwill.
Step-by-Step: How to Get a Consent Order Without Going to Court
1. Reach an Agreement
Before you can apply for a consent order, you must agree on all terms.
For property matters, this might include:
- Division of assets and liabilities
- Superannuation splitting
- Spousal maintenance (if applicable)
For parenting matters, you will need to agree on:
- Living arrangements
- Time with each parent
- Schooling, health care and decision-making responsibilities
If you’re struggling to reach agreement, mediation may help. Martens Legal offers a separation checklist and legal guidance to support this process.
2. Obtain Legal Advice (Optional, but Recommended)
Although not mandatory, we strongly recommend seeking legal advice before applying for consent orders. A lawyer can:
- Advise whether your agreement is fair and reasonable
- Help you understand your legal rights
- Ensure the paperwork meets court requirements
Martens Legal specialises in amicable legal solutions and provides fixed-fee options to make this step approachable and transparent.
3. Draft the Application and Minute of Consent Orders
To apply for a consent order, you will need two main documents:
- Application for Consent Orders (Form 11)
- Proposed Consent Orders (often called “Minutes of Order”)
The Application sets out the details of your relationship, assets, liabilities, and parenting arrangements. The Minute of Consent Orders outlines the agreement itself, written in legal terms the court can endorse.
It’s important this is done properly. Poorly drafted orders can be rejected by the Court or lead to future disputes.
4. Sign and Date the Documents
Both parties must review and sign the Application and the proposed Orders. Your signatures confirm that you understand the agreement and freely consent to the terms.
Lawyers usually handle this step and ensure the parties sign the documents correctly.
5. Lodge with the Court
Instead, you do not need to attend court.
Once signed, the documents are lodged with the Federal Circuit and Family Court of Australia. This is done online via the Commonwealth Courts Portal. Then, you must pay a filing fee, which the court may reduce in cases of financial hardship.
After submission, the court will assess whether the agreement is fair, just and in the best interests of any children.
6. Wait for the Court’s Decision
There is no hearing required. The judge will review your documents and, if satisfied, issue the consent orders.
Timeframes vary but generally range from 2 to 6 weeks. The court may request clarification or additional documents if it needs more information.
Once approved, you’ll receive a sealed copy of the consent orders. So, these are now legally enforceable.
What Happens if the Court Rejects the Family Law Consent Orders?
Sometimes, the court may reject your application if:
- They do not consider the property split just and equitable.
- Parenting arrangements do not prioritise the child’s best interests
- Documents are incomplete or incorrectly drafted
In this case, you will be notified and given the opportunity to amend and resubmit.
So, working with a lawyer can help avoid this outcome.
Do I Need a Lawyer to Get Family Law Consent Orders?
No, but we recommend it.
Therefore, many people choose to engage a lawyer to prepare or review the documents to:
- Protect your rights.
- Draft the paperwork correctly.
- Ensure the process is smooth and stress-free
Ultimately, at Martens Legal, we offer transparent pricing and compassionate support so you can move forward with clarity.
Frequently Asked Questions
How long does it take to get a consent order?
On average, it takes 2 to 6 weeks after submission. However, this may vary depending on court workloads and document quality.
Do I need to go to court?
No. Instead, the process is entirely administrative, and you do not need to attend a hearing.
Can you change consent orders later?
Only in limited circumstances. If your situation changes significantly, you may need to apply to vary or set aside the orders.
What is the cost of applying for consent orders?
Currently, the Federal Circuit and Family Court website lists the filing fee. Additionally, Martens Legal offers competitive fee packages for drafting and lodging your Consent Orders.
Final Thoughts
When you and your ex-partner have reached an agreement about parenting or property, applying for family law consent orders without going to court is one of the most powerful steps you can take to secure your future.
So, it provides certainty, legal enforceability, and long-term peace of mind — all without the cost and stress of litigation.
So, if you’re ready to move forward, Martens Legal is here to guide you through the process with empathy, clarity and a plan tailored to your goals.
